... and many photographers have successfully sued for various websites using their imagery without permission - regardless of whether or not it was publicly available on the author's website.
The fact that copyright is violated on a regular basis does not make this case any more or less excusable.
I agree with you but that didn't come across well in my comment. My point was to say that it is indeed the same thing, only it sounds different because it took more steps to accomplish.
The fact that copyright is violated on a regular basis does not make this case any more or less excusable.